LEGAL RIGHTS OF THE DISABLED IN INDIA

“The world worries more about disability than disabled people do.”

INTRODUCTION: To begin, disability must be defined as it affects all handicapped people, regardless of age or gender, and includes those with sensory, physical, and intellectual impairments, as well as those with mental health issues. Then, using this common understanding, an assessment of how well-handicapped persons are supported within mainstream goals for health and well-being, poverty alleviation, and human rights may be made

India is one of the countries having the highest prevalence rate of disabled people. From the streets of Delhi to the streets of Mumbai, the disabled are everywhere. A few of them are helpless in a lot of cases. The Indian government, seeing this heinous development with great dismay, rushed into action by creating laws to protect the rights of disabled people. The disabled are often unaware of their rights, which are established in the Indian constitution.

Persons living with low vision, blindness, locomotor disability, leprosy cured, psychological illness, hearing impairment, and mental retardation, among others, are defined as disabled under Article 2(i) of the Persons with Disability Act,1995 of the Indian constitution.

THE CONSTITUTION & DISABLED PEOPLE: The Indian constitution, without a doubt, embraces all Indian citizens, whether healthy or impaired (mentally or bodily). The following are the fundamental rights guaranteed in the Indian constitution that applies to people living with disabilities:
1.) The constitution guarantees Indian citizens, including those with disabilities, the right to freedom of expression, religion, belief, justice, worship, equal opportunity, and standing, as well as the freedom of thought.
2.) Article 15(1) of the Indian constitution prohibits discrimination against citizens (including people with disabilities) based on their place of birth, sex, race, caste, or faith.
3.) In the same vein, Article 15(2) condemns the practice of exposing the disabled to any form of restrictions or legal liability when visiting public restaurants, stores, places of public entertainment, hotels, or when using tanks, wells, and highways.
4.) People with disabilities have the right to work in any workplace without discrimination, according to the constitution.
5.) Article 17 declares unequivocally that no Indian (including the crippled) shall be treated as untouchable.
6.) The disabled have the right to life and liberty under Article 21.
7.) Persons with disabilities are not to be trafficked or forced to work, according to Article 23.
8.) Article 24 states unequivocally that no business or factory should employ anyone with disabilities under the age of 14. The Act also outlaws the use of impaired children in dangerous situations.
9.) The disabled have a right to faith, according to Article 25. People with impairments have the option of choosing where they want to worship.
10.) The constitution also stipulates that people with disabilities are not forced to pay taxes to support religious organizations.
11.) The right to choose a language, culture, or script is guaranteed under the Indian constitution.
12.) Persons with disabilities have the right to file a complaint with the Supreme Court if their rights under Article 32 have been violated.
13.) When they reach the age of 18, people with impairments have the right to vote and be voted for.

Aside from the 13 essential rights listed above that are recognized by the Indian constitution, the disabled have the following basic rights:
> Disability Certificate: A disability certificate is the most fundamental document that a disabled person needs in order to be eligible for various benefits and concessions. Any person with a disability of more than 40% can get a disability certificate from the State Medical Boards, which are run by the state governments.

> Disability Pension: Under the Indira Gandhi National Disability Pension Scheme, people over the age of 18 who have a disability of more than 80% and are living in poverty are eligible for a disability pension. Various non-governmental organizations (NGOs) are dedicated to this since they assist disabled people in receiving their disability pensions.

> Employment: In government jobs, 3% of the seats are set aside for people with impairments.

> Income Tax Concession: Persons with disabilities are also entitled to specific income tax discounts under sections 80DD and 80U of the Income Tax Act of 1961.

> Prepare Concession: People with disabilities are entitled to a coach concession whenever they purchase prepare tickets, whether online or over the counter. The disabled, on the other hand, should have a recent photo ID for verification.

PERSON WITH DISABILITIES ACT, 1955: On February 7, 1996, the Persons with Disabilities Act of 1995 went into effect. It is a huge step toward ensuring equal opportunity and full involvement in nation-building for individuals with disabilities. The Act covers both preventive and promotional aspects of rehabilitation, such as education, employment, and vocational training, reservation, research and manpower development, and disability rehabilitation, as well as unemployment benefits for disabled people.

The Act’s main provisions are:
1) Disability Prevention and Early Detection

2) Education.

3) Employment.

4) No discrimination.

5) The Social Security Administration.

6) Research and development of personnel.

POLICIES IN INDIA: In 2006, the government issued a national policy for people with disabilities. In February 2006, the Indian government released the National Policy for Persons with Disabilities, which addresses the physical, educational, and economic rehabilitation of people with disabilities.

The National Policy recognizes that people with disabilities are vital human resources for the country, and it aims to establish an environment that gives them equal opportunity, protects their rights, and allows them to fully participate in society. The following are some of the aspects on which the policy focuses:
1.) Disabilities Prevention.
2.) Rehabilitation Interventions.
3.) Women who are disabled.
4.) Children with special needs.

CONCLUSION: Disability is defined as a disadvantage or restriction of activity caused by the way society is organized, which pays little or no attention to those with physical, sensory, or mental disabilities. Disability is a sad aspect of human life that can have an impact on not only one’s natural way of life but also on one’s strength and power. Additional social security plans for disabled people should be launched by the government, as well as more job opportunities for them. As a result, several programs and benefits conferences for handicapped people have emerged as a source of relief, successfully serving to provide equal chances to the disabled.

BIBLIOGRAPHY: https://vikaspedia.in/education/parents-corner/guidelines-for-parents-of-children-with-disabilities/legal-rights-of-the-disabled-in-india

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.